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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Published date: 18 August 2003

Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE)

Comparing proposed amendment...
Recitals
Chapter I General provisions (arts. 1-16)
Applicable
Article 1 Form of the SCE
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Article 2 Formation
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Article 3 Minimum capital
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Article 4 Capital of the SCE
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Article 5 Statutes
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Article 6 Registered office
Amended
Article 7 Transfer of registered office
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Article 8 Law applicable
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Article 9 Principle of non-discrimination
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Article 10 Particulars to be stated in the documents
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Article 11 Registration and disclosure requirements
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Article 12 Publication of documents in the Member States
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Article 13 Notice in the Official Journal of the European Union
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Article 14 Acquisition of membership
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Article 15 Loss of membership
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Article 16 Financial entitlements of members in the event of resignation or expulsion
Chapter II Formation (arts. 17-35)
Section 1 General (arts. 17-18)
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Article 17 Law applicable during formation
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Article 18 Acquisition of legal personality
Section 2 Formation by merger (arts. 19-34)
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Article 19 Procedures for formation by merger
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Article 20 Law applicable in the case of merger
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Article 21 Grounds for opposition to a merger
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Article 22 Conditions of merger
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Article 23 Explanation and justification of the terms of merger
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Article 24 Publication
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Article 25 Disclosure requirements
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Article 26 Report of independent experts
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Article 27 Approval of the terms of merger
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Article 28 Laws applicable to formation by merger
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Article 29 Scrutiny of merger procedure
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Article 30 Scrutiny of legality of merger
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Article 31 Registration of merger
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Article 32 Publication
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Article 33 Consequences of merger
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Article 34 Legality of the merger
Section 3 Conversion of an existing cooperative into an SCE (art. 35)
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Article 35 Procedures for formation by conversion
Chapter III Structure of the SCE (arts. 36-63)
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Article 36 Structure of organs
Section 1 Two-tier system (arts. 37-41)
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Article 37 Functions of the management organ; appointment of members
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Article 38 Chairmanship and the calling of meetings of the management organ
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Article 39 Functions of the supervisory organ; appointment of members
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Article 40 Right to information
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Article 41 Chairmanship and the calling of meetings of the supervisory organ
Section 2 The one-tier system (arts. 42-44)
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Article 42 Functions of the administrative organ; appointment of members
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Article 43 Intervals between meetings and the right to information
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Article 44 Chairmanship and the calling of meetings of the administrative organ
Section 3 Rules common to the one-tier and two-tier systems (arts. 45-51)
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Article 45 Term of office
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Article 46 Conditions of membership
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Article 47 Power of representation and liability of the SCE
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Article 48 Operations requiring authorisation
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Article 49 Confidentiality
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Article 50 Conduct of the business of organs
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Article 51 Civil liability
Section 4 General meeting (arts. 52-63)
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Article 52 Competence
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Article 53 Conduct of general meetings
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Article 54 Holding of general meetings
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Article 55 Meeting called by a minority of members
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Article 56 Notice of meeting
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Article 57 Additions to the agenda
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Article 58 Attendance and proxies
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Article 59 Voting rights
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Article 60 Right to information
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Article 61 Decisions
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Article 62 Minutes
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Article 63 Sectorial or section meetings
Chapter IV Issue of shares conferring special advantage (art. 64)
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Article 64 Securities other than shares and debentures conferring special advantages
Chapter V Allocation of profits (arts. 65-67)
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Article 65 Legal reserve
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Article 66 Dividend
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Article 67 Allocation of available surplus
Chapter VI Annual accounts and consolidated accounts (arts. 68-71)
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Article 68 Preparation of annual accounts and consolidated accounts
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Article 69 Accounts of SCEs with credit or financial activities
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Article 70 Auditing
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Article 71 System of auditing
Chapter VII Winding up; liquidation; insolvency and cessation of payments (arts. 72-76)
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Article 72 Winding-up, insolvency and similar procedures
Amended
Article 73 Winding-up by the court or other competent authority of the Member State where the SCE has its registered office
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Article 74 Publication of winding-up
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Article 75 Distribution
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Article 76 Conversion into a cooperative
Chapter VIII Additional and transitional provisions (art. 77)
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Article 77 Economic and monetary union
Chapter IX Final provisions (arts. 78-80)
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Article 78 National implementing rules
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Article 79 Review of the Regulation
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Article 80 Entry into force
Done at